NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Paul C. Dugan, Referee

(1) The Carrier violated the Aaxeement when it failed and Tefused to pay employes assigned to Extra Gang 93o for travel time and to reimburse them for expenses incurred when their work location was moved from Madill, Oklahoma to Jasper, Alabama on July 22, 196,9. (System File A-9129/D-5070)

(2) The claimants be allowed pay for the number of hours expended traveling and reimbursed for expenses incurred as set forth below because of the violation referred to within Part (1) of this claim.

Name Travel Time Expenses

J. Ruff 19.0 hours. $27.00

A. L. Adair 15.0 24.00

J. E. Smith 16.5 24.00

V. Everett 19.0 " 24.00

W. B. Mason 19.0 11 27.00

Name Travel Time

J. P. Ruff 19.0 hrs.

E. Meadows 19.0 "

L. V. Norton 19.0 "

T. C. Richard 19.0 "

W. L. Franks 19.0 "

J. F. White 19.0 "

R. L. McKinnis 19.0 "

E. E. Shannon 19.0 "

H. W. Naylor 12.0 "

J. T. Hampton 19.0 "

Claimant Dates of Service Vacation Dates,

E. Meadows 1-20 inclusive None

H. W. Naylor 1-20 inclusive None

(Exhibits not reproduced.)

OPINION OF BOARD: This claim is analogous to Award 18965 involving the same parties, same agreements, the differences being that some of the Claimants in this claim were on vacation as well as other Claimants were absent from work an July 22, 1969 for other reasons; and in this claim, the Claimants are asking for travel time pay and expenses.

In Award No. 18965, this Board held that Claimants were entitled to travel time pay and one-half automobile mileage allowance from Madill, Oklahoma to Jasper, Alabama. Finding said Award 18965 controlling in this instant dispute we will sustain the claim for travel time for Claimants from Madill, Oklahoma to Jasper, Alabama.

It appears from the record that Claimants were paid their expenses by Carrier as shown by Carrier's Director of Labor Relations, T. P. Deaton's letter of January 21, 1970 to General Chairman C. V. Fetters, and General Chairman Fetter's letter of March 6, 1970 to Carrier's T. P. Denton as well as Mr. Denton's batters of March 18, 1970 and March 26, 1970, to Mr. Fetters. Also, the Organization in its ex parte submission to this Board states that the claim for meal allowances (expenses) is no longer a part of the issue in dispute. Therefore, we will sustain the claim as to travel time pay but deny it as to expenses claimed.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was violated in accordance with the Opinion.

AWARD